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2007

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Fear, Faith And The Fatherland : The Complexities Of Prejudice In The Civil Rights Movement, Kate Medley Jan 2007

Fear, Faith And The Fatherland : The Complexities Of Prejudice In The Civil Rights Movement, Kate Medley

Electronic Theses and Dissertations

No abstract provided.


Korean Christian Understanding Of Bok And Spiritual Maturity From Missiological Perspective, Sung Il Lee Jan 2007

Korean Christian Understanding Of Bok And Spiritual Maturity From Missiological Perspective, Sung Il Lee

ATS Dissertations

No abstract provided.


Copyright, Fair Use And Motion Pictures, Peter Jaszi Jan 2007

Copyright, Fair Use And Motion Pictures, Peter Jaszi

Scholarly Articles in Law Reviews & Journals

Within copyright law, the tension between contemporary creators' needs for access to preexisting material, on the one hand, and the imperatives of copyright ownership, on the other, are mediated primarily by the so-called "fair use" doctrine. The application of this venerable legal concept, which exempts some substantial takings of protected content from infringement liability, is the subject of this essay.


Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Cathleen Kaveny Jan 2007

Erastian And High Church Approaches To The Law: The Jurisprudential Categories Of Robert E. Rodes, Jr., M. Cathleen Kaveny

Journal Articles

It is a great honor for me to have been asked to contribute to this issue of the Journal of Law and Religion focusing on the work of my colleague and friend, Robert E. Rodes, Jr. In June 2006, Professor Rodes celebrated his fiftieth anniversary as a member of the faculty of Notre Dame Law School. His long career has marked him as a founding father of interdisciplinary scholarship at the intersection of faith, law, and morality—the very sort of scholarship which this journal is dedicated to fostering and preserving.

The topics that Professor Rodes has considered over the years …


Sovereignty Migrates In U.S. And Mexican Law: Transnational Influences In Plenary Power And Non-Intervention, Ernesto Hernandez-Lopez Jan 2007

Sovereignty Migrates In U.S. And Mexican Law: Transnational Influences In Plenary Power And Non-Intervention, Ernesto Hernandez-Lopez

Vanderbilt Journal of Transnational Law

Mexico and the United States exercise sovereignty that is increasingly transnational and less absolute with respect to migration. This is evident in changes to Mexico's norm of non-intervention and the United States' plenary power doctrine, two doctrines rooted in international sovereignty. Both have historically defined sovereign authority in absolute terms, avoiding any foreign influence or domestic limitation. The non-intervention norm prohibits Mexican foreign relations from interfering in another state's domestic affairs. Traditionally, it barred a foreign policy on migrants in the United States, which led to Mexico's "no policy" on migrants. The U.S. plenary power doctrine labels immigration law as …


Chromatic Aberration Of Eyepieces In Early Telescopes, M. Eugene Rudd Jan 2007

Chromatic Aberration Of Eyepieces In Early Telescopes, M. Eugene Rudd

M. Eugene Rudd Publications

The twofold objective of this study is (1) to identify and give a brief review of the historical development of the various designs of early (pre-1850) telescope eyepieces, and (2) to determine by measurements and calculations the axial and lateral chromatic aberrations of a number of extant eyepieces from that period in order to provide basic data on which to judge the relative quality of different eyepiece forms. Eight distinct types of eyepieces containing one to five lens elements are discussed and illustrated. The second objective was addressed by measuring the focal lengths of the individual lens elements and the …


Assyrian Imperial Administration 680-627 Bce : A Comparison Between Babylonia And The West Under Esarhaddon And Assurbanipal, Ivan Losada-Rodriguez Jan 2007

Assyrian Imperial Administration 680-627 Bce : A Comparison Between Babylonia And The West Under Esarhaddon And Assurbanipal, Ivan Losada-Rodriguez

Theses : Honours

There is a common misconception among those who are not scholars in the field that the Assyrian Empire was an aggressive one, relying simply on force, rather than reason, to assert its will over its neighbours and conquer vast territories. Granted that the Assyrian war machine was unparalleled at its apex, its rulers did not hesitate to use oaths, treaties and pacts wherever possible. Assyrian foreign policy was complex and aided Assyrian kings in conquering vast territories, not only with force, but also with words and the threat of force. In the matter of imperial administration, however, there appear variations …


The Challenge Of Defining Unmet Legal Need, Liz Curran, Mary Anne Noone Jan 2007

The Challenge Of Defining Unmet Legal Need, Liz Curran, Mary Anne Noone

Journal of Law and Social Policy

No abstract provided.


Gabriel Bouquier: Revolutionary Education At The Height Of Sans-Culottes Power, Jonathan Douglas Deverse Jan 2007

Gabriel Bouquier: Revolutionary Education At The Height Of Sans-Culottes Power, Jonathan Douglas Deverse

UNLV Retrospective Theses & Dissertations

The central purpose of this thesis is to use Gabriel Bouquier and Michel Lepeletier as a means to investigate the greater educational debate in the radical republic of the French Revolution. I use the oppositional definition of public education in the writing of Bouquier and Lepeletier as a window into the character of Jacobinism as the height of the radical republic. Through this exploration, I revise the historiography on Bouquier by viewing him as an example of sans-culotte influence instead of a compromise with the liberal elements in the National Convention. Consequently, I revise the historiography of Lepeletier by interpreting …


Scott's Fiction And The Union Of 1707, Dale K Griffith Jan 2007

Scott's Fiction And The Union Of 1707, Dale K Griffith

UNLV Retrospective Theses & Dissertations

This dissertation focuses on several of Sir Walter Scott's historical novels that deal with the question of the 1707 Act of Union that united Scotland with England. The following novels were studied: Old Mortality, The Bride of Lammermoor, The Heart of Mid-Lothian, Waverley, Redgauntlet, and The Antiquarian. The novels were considered for this dissertation in their chronological order within historical timelines and not according to their publication dates; In all of the novels it is evident that Scott was a strong supporter of the Union and the commercial empowerment that it offered to Scotland; for him the Union represented moderation …


Songs From The Ashes: An Examination Of Three Holocaust-Themed Song Cycles By Lori Laitman, Serdar Ilban Jan 2007

Songs From The Ashes: An Examination Of Three Holocaust-Themed Song Cycles By Lori Laitman, Serdar Ilban

UNLV Retrospective Theses & Dissertations

During the years of the Holocaust, literature of many different types was generated in order to fulfill the distinctive needs of people caught in an unimaginable nightmare. Despite the horrific conditions or perhaps propelled by them, the Jewish people kept diaries, wrote poetry and stories, and they made music, in particular, by singing. This literature represents the undying hope, the very soul of the Jewish people; Lori Laitman is one of the most prolific composers of American art songs working today. Although the amount of scholarly work on Laitman's music is rather limited, this should not diminish the worthiness of …


Work As Sacrament: The Quaker Bridge From Sunday To Monday, Kent Walkemeyer Jan 2007

Work As Sacrament: The Quaker Bridge From Sunday To Monday, Kent Walkemeyer

Quaker Religious Thought

No abstract provided.


African Religious Integration In Florida During The First Spanish Period, Christopher Beats Jan 2007

African Religious Integration In Florida During The First Spanish Period, Christopher Beats

Electronic Theses and Dissertations

This thesis is an examination of the unique conditions for African-descended slaves in St. Augustine, Florida, during the First Spanish Period. St. Augustine was an important garrison at a remote point in the Spanish Empire at the edge of a hostile frontier. As such, economics were less a priority than defense. Slaves, therefore, received different treatment here than in English colonies or even other Spanish colonies. Due to the threat of Protestantism, religious adherence was more important as a test of loyalty than ethnicity and slaves and freed-people were able to integrate better than in other Spanish holdings. In order …


Postmodern Feminism, Hypertext, And The Rhetoric Of Cooking Websites, Heather Eaton Mcgrane Jan 2007

Postmodern Feminism, Hypertext, And The Rhetoric Of Cooking Websites, Heather Eaton Mcgrane

Electronic Theses and Dissertations

This study explores the ways cookbooks and their rhetorical dimensions have been re-imagined using hypertext and Web technology. Using the tenets of postmodern feminist rhetoric and Web design theory, the study considers how commercial cooking hypertexts construct users' identities. Although hypertext is a potentially empowering technology, democratizing rhetoric and knowledge making practices, commercial hypertext often circumscribes agency formation and prohibits participation. Participatory, constructive hypertexts are difficult to design and costly to maintain. Of the three sites studied, Epicurious.com, BettyCrocker.com, and FoodNetwork.com, only Epicurious.com encourages meaningful communication between users and between users and designers. In many ways, Epicurious.com conceives of its …


Editor's Introduction, Reflections On The Reactions To Rough Stone Rolling And Related Matters, Daniel C. Peterson Jan 2007

Editor's Introduction, Reflections On The Reactions To Rough Stone Rolling And Related Matters, Daniel C. Peterson

Review of Books on the Book of Mormon 1989–2011

No abstract provided.


At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Deystone Jan 2007

At War With The Eclectics: Mapping Pragmatism In Contemporary Legal Analysis, Justin Deystone

Publications

This Article has two primary goals. The first is descriptive and seeks to respond to what appears to be an increasing degree of confusion over the word "pragmatism," especially as it is used in a good deal of legal literature. This descriptive aim begins by separating out three general categories of pragmatism: (1) the so-called "everyday" pragmatism familiar to the American vernacular, (2) the classical philosophy of the early pragmatist authors like William James and John Dewey, and (3) pragmatism as understood in the context of law. The majority of the Article is subsequently concerned with exploring this last category, …


Past Reflections, Future Insights: African Asylum Law And Policy In Historical Perspective, Edwin Odhiambo Abuya Jan 2007

Past Reflections, Future Insights: African Asylum Law And Policy In Historical Perspective, Edwin Odhiambo Abuya

Faculty Articles

This article argues that an understanding of the evolution of asylum is an essential ingredient in the search for ideas and perspectives to the plight facing forced migrants. Using Kenya as a case study, the paper evaluates the extent to which procedures used to determine claims for asylum, protection outcomes and entitlements met international human rights and refugee law standards. It is contended that limited resources, porous boundaries and the mass movement of asylum seekers have compromised the level of protection offered to those who seek surrogate protection in African states like Kenya. In conclusion, critics in the area of …


Nomology, Ontology, And Phenomenology Of Law And Technology, Kieran Tranter Jan 2007

Nomology, Ontology, And Phenomenology Of Law And Technology, Kieran Tranter

Minnesota Journal of Law, Science & Technology

No abstract provided.


Models Of Religious Authority, Darius Jankiewicz Jan 2007

Models Of Religious Authority, Darius Jankiewicz

Journal of the Adventist Theological Society

No abstract provided.


Engaging The Eighties: Ethics, Objects, Periods, Kevin L. Ferguson Jan 2007

Engaging The Eighties: Ethics, Objects, Periods, Kevin L. Ferguson

Dissertations, Theses, and Capstone Projects

This dissertation examines a recent decade in American history whose unique notion of self-periodization generated important questions of ethical engagement and withdrawal. Situated during a time of an increasingly complex relationship between literature and theory, thinkers in the 80s self-consciously shifted towards making claims about their present moment which were based on the logic of rupture, and which thus created an either-or logic of pessimism or optimism in response to this rupture. These kinds of self-periodizing notions generally are collected under the rubric "postmodernism" and the first chapter deals with a transatlantic movement between theorists such as Fredric Jameson and …


Book Review. One Size Does Not Fit All: Traditional And Innovative Models Of Student Affairs Practice, Jason A. Laker Jan 2007

Book Review. One Size Does Not Fit All: Traditional And Innovative Models Of Student Affairs Practice, Jason A. Laker

Faculty Publications

No abstract provided.


Community College Transfer Students’ Experiences Of The Adjustment Process To A Four Year Institution: A Qualitative Analysis, Karen R. Owens Jan 2007

Community College Transfer Students’ Experiences Of The Adjustment Process To A Four Year Institution: A Qualitative Analysis, Karen R. Owens

USF Tampa Graduate Theses and Dissertations

Today's mobile student population follows diverse paths. This research presents findings from a qualitative study investigating the perceptions of transfer students while they were actively engaged in the transfer process. Fifty-seven incoming community college transfer students (n=57) were interviewed, in a large metropolitan area, through e-journaling during fall 2006 (while students were still attending community colleges) and during spring 2007 (students' first semester of admission to the university).

The following research questions guided the study: What do transfer students perceive as a successful transfer process? From the transfer student's perspective, what supports are needed to accommodate a successful transfer process? …


How Does "Equal Liberty" Fare In Relation To Other Approaches To The Religion Clauses?, Kent Greenawalt Jan 2007

How Does "Equal Liberty" Fare In Relation To Other Approaches To The Religion Clauses?, Kent Greenawalt

Faculty Scholarship

As one of four contributors to an issue celebrating Christopher Eisgruber and Lawrence Sager's Religious Freedom and the Constitution, I have chosen to write an Essay that differs from an ordinary review. I compare the authors' approach with two other recent formulations of what should be central for the jurisprudence of the Religion Clauses. Since I have recently published my own treatment of the Free Exercise Clause, and a second volume on the Establishment Clause is in the pipeline toward publication, I do not here present my own positive views (though I provide references for interested readers). Those views …


Pagbukadkad Ng Bulaklak = Blooming Of The Flower : An Ethnographic Study Of A Friendship Group Of Same-Sex Attracted Middle-Class Young Men From Metro Manila In The Philippines, Ronald Macdonald Jan 2007

Pagbukadkad Ng Bulaklak = Blooming Of The Flower : An Ethnographic Study Of A Friendship Group Of Same-Sex Attracted Middle-Class Young Men From Metro Manila In The Philippines, Ronald Macdonald

Theses: Doctorates and Masters

In this dissertation I examine “gay” life in the Philippines by focusing on a longstanding friendship group of same-sex attracted middle-class young men living in Metro Manila who identify as bakla/gay/homosexual. I explain how dynamics of gender and sexuality including identity expression are conceptualised, articulated and negotiated through the interphase of Philippine culture, social class, economic status and the cultural appropriation and adaptation of elements of Western gay discourse and lifestyle. Ethnography was selected as the most appropriate qualitative research method because of its theoretical and philosophical “fit” with the methodological assumptions that underpin this study. A key feature in …


Learning The Documentary Lesson: Theory And Practice In English, Stuart M. Bender Jan 2007

Learning The Documentary Lesson: Theory And Practice In English, Stuart M. Bender

Theses: Doctorates and Masters

This research investigates the problem of teaching documentary texts in the secondary English classroom in Western Australia. Historical studies of the subject indicate that it serves three functions; ethical training, aesthetic cultivation and rhetorical training. Previous research from the governmental perspective has investigated the problems associated with Literary texts, popular television drama and personal-response essay writing; it emerges that these familiar pedagogical activities are deployed in classrooms to function as opportunities to engage students in ethical training, often at the expense of the latter two functions. This research project is a post-positivist theoretical discussion supplemented by qualitative data in the …


The Impact Of Climate Change On Benthic-Pelagic Coupling And The Biogeochemical Cycling Of Narragansett Bay, Rhode Island, Robinson Walter Fulweiler Jan 2007

The Impact Of Climate Change On Benthic-Pelagic Coupling And The Biogeochemical Cycling Of Narragansett Bay, Rhode Island, Robinson Walter Fulweiler

Open Access Dissertations

Climate change has altered the phenology or seasonal sequencing of events in many ecosystems, including Narragansett Bay, RI (USA). The timing and magnitude of the winter-spring bloom has changed dramatically over the last three decades resulting in a 60% decline in water column chlorophyll a concentrations in mid-Narragansett Bay. This large decline is linked to a long-term warming trend. We hypothesized that the decline in chlorophyll led to a decrease in the quantity and/or quality of organic matter deposition to the benthos and fundamental changes in sediment biogeochemical cycling and benthic-pelagic coupling. We observed significant decreases in sediment respiration and …


The Emerging Geographies Of Work And Identity: Exploring Alternative Employment Strategies And Work Subjectivities Of Women With Multiple Sclerosis (Ms)., Kimberly Lynne Cordingly Jan 2007

The Emerging Geographies Of Work And Identity: Exploring Alternative Employment Strategies And Work Subjectivities Of Women With Multiple Sclerosis (Ms)., Kimberly Lynne Cordingly

Graduate Theses, Dissertations, and Problem Reports (ETD)

Multiple sclerosis (MS) is a progressive disorder of the central nervous system producing a varied range of symptoms affecting physical, cognitive, and sensory functioning. The variability and unpredictability of impairments, their duration and intensity on a day to day basis, and ongoing health impacts present formidable challenges to securing and maintaining employment. Research suggests, despite having recent and extensive work histories, as many as 70-80 percent of individuals with MS are unemployed after diagnosis. For women with MS, the challenge of negotiating paid and non-paid work responsibilities often leads to difficult choices about how to navigate these changing lifeworlds. For …


The State, Ecology, And Society In Western Kenya: Politics Of Soil Conservation And Land Management In Vihiga 1930-1950., Martin Shidende Shanguhyia Jan 2007

The State, Ecology, And Society In Western Kenya: Politics Of Soil Conservation And Land Management In Vihiga 1930-1950., Martin Shidende Shanguhyia

Graduate Theses, Dissertations, and Problem Reports (ETD)

This study focuses on the conflict that emerged in the 1930s and 1940s between the British colonial government officials and the African farmers in Vihiga, Western Kenya, over approaches to land management. The colonial state was more than convinced that unprecedented soil erosion in most of the African reserves across the Colony was to blame for much of the social and economic problems that those areas were experiencing. Vihiga, the leading producer of maize in the Colony, was not spared such concerns, hence increased state intervention in this area’s agricultural production and land management processes. Vihiga offered a special place …